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CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by Remote Access To View the Meeting on-line go to https://www.facebook.com/ChautauquaCountyGovernment/ Page 1 of 2 PUBLIC PARTICIPATION – Due to the COVID-19 crisis, the August 26, 2020 Legislature meeting will be held by remote access. The public may participate in Privilege of the Floor by emailing a statement prior to the County Legislature’s 6:30 PM meeting to the Clerk of the Legislature at [email protected] – emailed statements received by the Clerk shall be read during the Privilege of the Floor. The Public may view the meeting by accessing the live stream on the county Facebook page 6:30 p.m. CALL TO ORDER ROLL CALL PRAYER BY LEGISLATOR PAVLOCK PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES FOR 7/22/2020 & 8/3/2020 PRIVILEGE OF THE FLOOR Members of the public may comment on any subject relating to any local law, resolution, or motion appearing on the agenda. Individual comments are limited to 3 minutes and comments representing a group shall be limited to 5 minutes. Emailed comments will be read by the Clerk. _______________________________ VETO MESSAGES FROM COUNTY EXECUTIVE WENDEL NO VETOES FROM 07/22/2020 & 08/03/2020 _______________________________ CERTIFICATES OF RECOGNITION: BIG INLET BREWING and CHAUTAUQUA MARINA by LEGISLATOR WARD _______________________________ COMMUNICATIONS: 1. Letter – County Executive Wendel – Appointment of Acting Director of Real Property Tax Services 2. Letter – Planning Board – Legislative Chambers A/V Upgrade 3. Letter – NYS Department of State – Acknowledgement of Local Law 2-20 4. Letter – NYS Department of Taxation and Finance – Acknowledge Receipt of Certified Resolution 166-20 _______________________________

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Page 1: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020

Meeting by Remote Access To View the Meeting on-line go to

https://www.facebook.com/ChautauquaCountyGovernment/

Page 1 of 2

PUBLIC PARTICIPATION – Due to the COVID-19 crisis, the August 26, 2020 Legislature meeting will be held by remote access. The public may participate in Privilege of the Floor by emailing a statement prior to the County Legislature’s 6:30 PM meeting to the Clerk of the Legislature at [email protected] – emailed statements received by the Clerk shall be read during the Privilege of the Floor. The Public may view the meeting by accessing the live stream on the county Facebook page 6:30 p.m. CALL TO ORDER ROLL CALL PRAYER BY LEGISLATOR PAVLOCK PLEDGE OF ALLEGIANCE APPROVAL OF THE MINUTES FOR 7/22/2020 & 8/3/2020

PRIVILEGE OF THE FLOOR Members of the public may comment on any subject relating to any local law, resolution, or motion

appearing on the agenda. Individual comments are limited to 3 minutes and comments representing a group shall be limited to 5

minutes. Emailed comments will be read by the Clerk. _______________________________

VETO MESSAGES FROM COUNTY EXECUTIVE WENDEL

NO VETOES FROM 07/22/2020 & 08/03/2020 _______________________________

CERTIFICATES OF RECOGNITION:

BIG INLET BREWING

and CHAUTAUQUA MARINA

by LEGISLATOR WARD

_______________________________ COMMUNICATIONS: 1. Letter – County Executive Wendel – Appointment of Acting Director of Real

Property Tax Services 2. Letter – Planning Board – Legislative Chambers A/V Upgrade 3. Letter – NYS Department of State – Acknowledgement of Local Law 2-20 4. Letter – NYS Department of Taxation and Finance – Acknowledge Receipt

of Certified Resolution 166-20

_______________________________

Page 2: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020

Meeting by Remote Access To View the Meeting on-line go to

https://www.facebook.com/ChautauquaCountyGovernment/

Page 2 of 2

RESOLUTIONS: 170-20 Confirm Appointment – Portland-Pomfret-Dunkirk Sewer District Board 171-20 Amend 2020 Budget for Office of the Sheriff 172-20 Authorize Execution of Lease Agreement with Verizon Wireless for Tower

Space 173-20 Authorize Execution of New York State Office of Homeland Security

Funding Grant—Operation Stonegarden FY19 174-20 Authorize Execution of New York State Governor’s Traffic Safety

Committee Grant for the Police Traffic Services Program FY21 175-20 Amend 2020 Budget for State Homeland Security Program (SHSP-2017)

Grant Award 176-20 Amend 2020 Budget for State Homeland Security Program (SHSP-2018)

Grant Award 177-20 Environmental Assessment of Projects for 2021 2% Occupancy Tax Projects 178-20 Amend Capital Project H.6010.31002 179-20 Request Funding for Replacement of Mayville Buildings Doors 180-20 Authorize Public Hearing on Terminal Building Office No. 46 Lease

Agreement at the Chautauqua County Jamestown Airport 181-20 Acceptance of Funds from the FAA and NYSDOT for the Runway 15-33

Lighting Improvements (MIRL/PAPI/REIL/Wind Cones) Project – Design at the Chautauqua County/Dunkirk Airport

182-20 Acceptance of Funds from the FAA for Performance of On and Off Airport Obstruction Removal at the Chautauqua County Jamestown Airport

183-20 Standard Workday and Reporting Resolution 184-20 Amend Chautauqua County Purchasing Policy 185-20 Investment Policy for the County of Chautauqua 186-20 Quit Claim Deeds

_______________________________ MOTION:

A. Celebrating the 100th Anniversary of the Passage and Ratification of the 19th Amendment to the U. S. Constitution in Chautauqua County

__________________________________

ANNOUNCEMENTS _______________________________

PRIVILEGE OF THE FLOOR

Members of the public may comment on any subject. A member of the legislature may speak on any subject.

Individual comments are limited to 3 minutes and comments representing a group shall be limited to 5 minutes. Emailed Comments will be read by the Clerk.

Page 3: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

RES. NO. 170-20 Confirm Appointment – Portland-Pomfret-Dunkirk Sewer District Board

By Public Facilities Committee: At the Request of Chairman Pierre Chagnon: WHEREAS, the Portland-Pomfret-Dunkirk Sewer District was established as a county sewer district of the County of Chautauqua by Resolution 272-77; and WHEREAS, pursuant to County Law § 261 and Resolution 345-77 the District is governed by a seven-member Board of Directors, who serve for terms of six years; and WHEREAS, the Board of Directors of the Portland-Pomfret-Dunkirk Sewer District has recommended the appointment of a new board member to fill the unexpired term of a board member who has resigned; therefore be it RESOLVED, That the Chautauqua County Legislature confirms the following appointment to the Portland-Pomfret-Dunkirk Sewer District Board:

Appointment Filling the Unexpired Term of Donald R. Swingle Douglas K. Newell 10064 Patterson Lane Fredonia, N.Y. 14048 Term Expires: 12/31/2025

Signed: Hemmer, Scudder, Nazzaro, Gould, Davis (Voted “yes” by video conference P.F. Committee Meeting)

____________________________

RES. NO. 171-20 Amend 2020 Budget for Office of the Sheriff

By Public Safety and Audit & Control Committees: At the Request of County Executive Paul M. Wendel, Jr.: WHEREAS, some Office of the Sheriff expenses have exceeded initial budgetary estimates, as well as some appropriations have a surplus; now therefore be it

RESOLVED, That the Director of Finance is hereby authorized and directed to make the following changes to the 2020 Adopted Budget: INCREASE APPROPRIATION ACCOUNTS:

A.3110.GRNT.2 Equipment – Sheriff – Sheriff Grants $50,000 $83,500

A.3020.PSCN.4 Contractual – Pub Safety Communication – Pub Sfty Communications Network $178,600

A.3020.W911.4 Contractual – Pub Safety Communication - E911 Wireless $14,400

Total $243,000 $276,500

Page 4: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

DECREASE APPROPRIATION ACCOUNT:

A.3020.PSCN.2 Equipment – Pub Safety Communication – Pub Sfty Communications Network $178,600

INCREASE REVENUE ACCOUNTS:

A.3110.GRNT.R438.9BMB Federal Aid-Bomb Detection $50,000 $61,000

A.3020.W911.R114.0000 Non Property Tax Items-Surchg: Emerg Phone Sys $14,400 A.3110.GRNT.R438.9000 $22,500

Total $64,400 $97,900

Signed: Niebel, Pavlock, Bankoski, Whitford, Hemmer, Nazzaro, Gould, Odell, Harmon (Voted “yes” by video conference P.S. and A.C. Committee Meetings)(P.S. Amended by strike through and additional text indicated by bold)

____________________________

RES. NO. 172-20 Authorize Execution of Lease Agreement with Verizon Wireless for Tower Space

By Public Safety and Audit & Control Committees: At the Request of County Executive Paul M. Wendel, Jr.: WHEREAS, Verizon Wireless has negotiated a tentative contract with the County of Chautauqua to operate and maintain various communications equipment and an antenna at the County-owned tower located on Oak Hill Road in the Town of Carroll, New York; and WHEREAS, there is sufficient space at the County-owned tower to accommodate the communications equipment of Verizon Wireless and such tower space is not needed for public (governmental) purposes, and use of such tower space engenders no additional cost to the County; and WHEREAS, the parties have agreed to lease with a five (5) year term; and WHEREAS, this revenue is not included in the 2020 Adopted Budget; now therefore be it

RESOLVED, The Chautauqua County Executive is hereby authorized and empowered to execute the lease agreement with Verizon Wireless granting the right to maintain an antenna and communications equipment at the County-owned tower located on Oak Hill Road in the Town of Carroll; and also be it

RESOLVED, That the A Fund Balance is appropriated as follows:

DECREASE THE USE OF FUND BALANCE: A.----.----.917.0000 Unassigned Fund Balance—Unassigned Fund Balance $4,250

;and be it further

Page 5: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

RESOLVED, The Director of Finance is hereby authorized and directed to make the following changes to the 2020 Adopted Budget:

INCREASE REVENUE ACCOUNT:

A.3020.PSCN.R241.0TWR Use of Money & Property-Rental: Tower Lease $4,250 Signed: Niebel, Pavlock, Bankoski, Whitford, Hemmer, Nazzaro, Gould, Odell, Harmon (Voted “yes” by video conference P.S. and A.C. Committee Meetings)

____________________________

RES. NO. 173-20 Authorize Execution of New York State Office of Homeland Security Funding Grant—

Operation Stonegarden FY19 By Public Safety and Audit & Control Committees: At the Request of County Executive Paul M. Wendel, Jr.:

WHEREAS, the County Sheriff’s Office received notice that the State of New York Office of Homeland Security approved the application submitted to the Office of Homeland Security and Emergency Services Program Grant for the further implementation Operation Stone Garden; and WHEREAS, the State of New York will provide funding for a FY19 grant in the amount of $76,383.26, with no local funds, for a contract period of September 1, 2019 through August 31, 2022; and

WHEREAS, this grant is included in the 2020 Adopted Budget so no budget amendments are needed; now therefore be it RESOLVED, That the County Executive is authorized to execute an agreement to secure the grant funding with the New York State Office of Homeland Security Signed: Niebel, Pavlock, Bankoski, Whitford, Hemmer, Nazzaro, Gould, Odell, Harmon (Voted “yes” by video conference P.S. and A.C. Committee Meetings)

____________________________

Page 6: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

RES. NO. 174-20 Authorize Execution of New York State Governor’s Traffic Safety Committee Grant for the

Police Traffic Services Program FY21 By Public Safety and Audit & Control Committees: At the Request of County Executive Paul M. Wendel, Jr.:

WHEREAS, the Chautauqua County Sheriff received notice the State of New York Governor’s Traffic Safety Committee has approved the application submitted for the Police Traffic Services Program; and WHEREAS, the State of New York will provide funding in the amount of $18,750 with no local funds required for the contract period from October 1, 2020 to September 30, 2021; and

WHEREAS, this grant is new to the Chautauqua County Office of the Sheriff and is not currently included in the 2020 Adopted Budget; now therefore be it RESOLVED, The Chautauqua County Executive is authorized to execute the appropriate agreement with the New York State Governor’s Traffic Safety Committee to secure the grant funding as set forth above; and also be it RESOLVED, The Director of Finance is hereby authorized and directed to make the following changes to the 2020 Budget:

INCREASE APPROPRIATION ACCOUNT: A.3110.GRNT.1 Personal Services – Sheriff $1,000

INCREASE REVENUE ACCOUNT: A.3110.GRNT.R338.9000 NYS Aid—Other Public Safety $1,000

Signed: Niebel, Pavlock, Bankoski, Whitford, Hemmer, Nazzaro, Gould, Odell, Harmon (Voted “yes” by video conference P.S. and A.C. Committee Meetings)

____________________________

RES. NO. 175-20 Amend 2020 Budget for State Homeland Security Program (SHSP-2017) Grant Award

By Public Safety and Audit & Control Committees: At the Request of County Executive Paul M. Wendel, Jr.: WHEREAS, the Chautauqua County Office of Emergency Services was awarded a grant in the amount of $149,956.00 from the 2017 State Homeland Security Program; and WHEREAS, the State of New York will provide funding for a FY17 grant with no local funds, per Contract #C969570 during the performance period of September 1, 2017 through August 31, 2020; and

WHEREAS, pursuant to Resolution 237-17, the County Executive was authorized to execute an agreement to secure the grant funding with the NYS Division of Homeland Security and Emergency Services; and

Page 7: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

WHEREAS, some revenues and expenditures associated with this grant were not included in the 2020 operating budget; now therefore be it

RESOLVED, That the Director of Finance is hereby directed to make the following 2020 budgetary changes:

INCREASE APPROPRIATION ACCOUNT: A.3010.----.4 Contractual-Emergency Services $4,371

INCREASE REVENUE ACCOUNT: A.3010.----.R430.5004 Federal Aid-Homeland Security $4,371

Signed: Niebel, Pavlock, Bankoski, Whitford, Hemmer, Nazzaro, Gould, Odell, Harmon (Voted “yes” by video conference P.S. and A.C. Committee Meetings)

____________________________

RES. NO. 176-20 Amend 2020 Budget for State Homeland Security Program (SHSP-2018) Grant Award

By Public Safety and Audit & Control Committees: At the Request of County Executive Paul M. Wendel, Jr.: WHEREAS, the Chautauqua County Office of Emergency Services was awarded a grant in the amount of $150,000 from the 2018 State Homeland Security Program; and WHEREAS, the State of New York will provide funding for a FY18 grant with no local funds, per Contract #C969580 during the performance period of September 1, 2018 through August 31, 2021; and

WHEREAS, pursuant to Resolution 237-18, the County Executive was authorized to execute an agreement to secure the grant funding with the NYS Division of Homeland Security and Emergency Services; and

WHEREAS, some revenues and expenditures associated with this grant were not included in the 2020 operating budget; now therefore be it

RESOLVED, That the Director of Finance is hereby directed to make the following 2020 budgetary changes:

INCREASE APPROPRIATION ACCOUNT: A.3010.----.2 Equipment—Emergency Services $9,735

INCREASE REVENUE ACCOUNT: A.3010.----.R430.5004 Federal Aid—Homeland Security $9,735

Signed: Niebel, Pavlock, Bankoski, Whitford, Hemmer, Nazzaro, Gould, Odell, Harmon (Voted “yes” by video conference P.S. and A.C. Committee Meetings)

____________________________

Page 8: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

RES. NO. 177-20 Environmental Assessment of Projects for 2021 2% Occupancy Tax Projects

By Planning & Economic Development and Audit & Control Committees: At the Request of County Executive Paul M. Wendel, Jr.: WHEREAS, the Chautauqua County Legislature requested by Resolution No. 154-20 that the Chautauqua County Department of Planning and Development (“CCDPD”) conduct a New York State Environmental Quality Review (“SEQRA”) for the projects approved by the Waterways Panel for funding in 2021 as set forth below and provide a report and recommendations to the County Legislature; and WHEREAS, CCDPD and the various involved agencies have reviewed the projects consistent with SEQRA and applicable state regulations; and WHEREAS, the CCDPD recommends that the projects that are ranked as numbers 1 through 8 on the Waterways Panel list provided below be classified as Unlisted Actions under 6 N.Y.C.R.R. Part 617.2 of the Environmental Conservation Law; and WHEREAS, the County has caused the attached Short Environmental Assessment Forms (SEAF) to be prepared for all projects recommended to be classified as Unlisted Actions; and WHEREAS, the County has reviewed and analyzed the SEAF for each project, and considered any relevant areas of environmental concern and probable environmental impacts of the Actions to determine if the Actions may have any significant adverse environmental effects; now, therefore be it RESOLVED, That the County hereby finds and determines that Actions listed and identified below will not have a significant adverse environmental impact in accordance with New York State Environmental Quality Review Act, Article 8 of the New York Environmental Conservation Law, and pursuant to the implementing regulations found at 6 N.Y.C.R.R. Part 617, and accordingly, is issuing a negative declaration.

Project/Agency or Organization Rank Amount Requested

Amount Recommended

Lakewood Grandview 1 $40,000.00 $40,000.00 CWC Lake Friendly Lawn Care 2 $23,734.00 $23,734.00 Rice Tim 3 $28,660.00 $28,660.00 O'Brien 4 $40,000.00 $40,000.00 Mud Creek 2 5 $29,907.00 $29,907.00 Sunset Bay HOA 6 $29,935.00 $29,935.00 Pomfret Salt Storage 7 $40,000.00 $40,000.00 Stark Chautauqua Lake Shoreline 8 $12,000.00 $12,000.00 Totals $244,236.00 $244,236.00

Signed: Odell, Starks, Muldowney, Harmon, Ward, Nazzaro, Gould, Niebel (Voted “yes” by video conference P.E.D. and A.C. Committee Meetings)

____________________________

Page 9: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

RES. NO. 178-20 Amend Capital Project H.6010.31002

By Human Services and Audit & Control Committees: At the Request of County Executive Paul M. Wendel, Jr.:

WHEREAS, Chautauqua County approved Capital Project H.6010.31002 HRC Teleconferencing (2019) is in the 2019 Capital Budget; and

WHEREAS, the proposed cost of Project H.6010.31002 was established at $52,470 with a funding formula of $28,234 Federal Aid, $6,580 NYS Aid, and $17,656 Local Share; and

WHEREAS, due to a clerical error, the costs and revenues approved in the 2019 Capital Budget were incorrect and the incorrect figures rolled forward into the 2020 Capital Budget; now therefore be it

RESOLVED, That the Director of Finance is authorized and directed to make the following amendments to the 2020 Capital Budget:

DECREASE CAPITAL REVENUE ACCOUNT: H.6010.31002.R368.9001 NYS Aid--Soc Srvcs Capital Funding $10,578

ESTABLISH AND INCREASE CAPITAL REVENUE ACCOUNT: H.6010.31002.R468.9001 Federal Aid--Soc Srvcs Capital Funding $28,234

INCREASE CAPITAL APPROPRIATION ACCOUNT: H.6010.31002.4 Contractual--Social Services Admin,

HRC Teleconferencing (2019) $17,656 Signed: Pavlock, Whitford, Whitney, Lawton, Nazzaro, Gould, Niebel, Odell, Harmon (Voted “yes” by video conference H.S. and A.C. Committee Meetings)

____________________________

RES. NO. 179-20 Request Funding for Replacement of Mayville Buildings Doors

By Public Facilities and Audit & Control Committees: At the Request of County Executive Paul M. Wendel, Jr.: WHEREAS, the main exterior doors at the security entrance at the Gerace Office Building have become worn and deteriorated and are no longer closing properly causing issues with the door locking/unlocking mechanisms and security systems connected to the doors; and

WHEREAS, these doors have been repaired numerous times and can no longer be adjusted to properly close and function as required, and should be replaced; and WHEREAS, there is a steel man-door located in the sally port of the Mayville Municipal Building that is used by security personnel when transporting inmates for trial at the Family Court; and

WHEREAS, this door has become worn and deteriorated and no longer functions and should be replaced; and

Page 10: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

WHEREAS, the Chautauqua County Department of Public Facilities (CCDPF) submitted a capital project request to replace these doors and the request was approved by the Chautauqua County Planning Board; and

WHEREAS, the CCDPF received a cost estimate of $38,550 from the door and glass contractor that currently services the doors, which cost estimate includes additional costs to reconnect the security system to the new doors; therefore be it RESOLVED, That the Legislature of the County of Chautauqua hereby approves the above-subject Project; and it is further RESOLVED, That A Fund Balance is appropriated at follows:

INCREASE THE USE OF FUND BALANCE: A.----.----.878.0000 Reserved Fund Balance—Reserve for Capital $38,550

;and it is further RESOLVED, That the Director of Finance is authorized and directed to make the following changes to the 2020 Adopted Budget:

INCREASE APPROPRIATION ACCOUNT: A.9950.----.9 Interfund Transfers—Transfer to Capital $38,550

ESTABLISH AND INCREASE CAPITAL APPROPRIATION ACCOUNT: H.1620.25195.4 Contractual—Buildings & Grounds,

Mayville Door Replacement $38,550

ESTABLISH AND INCREASE CAPITAL REVENUE ACCOUNT: H.1620.25195.R503.1000 Interfund Transfers—Interfund Transfer $38,550

Signed: Hemmer, Scudder, Nazzaro, Gould, Davis, Niebel, Odell, Harmon (Voted “yes” by video conference P.F. and A.C. Committee Meetings)

____________________________

Page 11: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

RES. NO. 180-20 Authorize Public Hearing on Terminal Building Office No. 46 Lease Agreement at the

Chautauqua County Jamestown Airport By Public Facilities Committee: At the Request of County Executive Paul M. Wendel, Jr.:

WHEREAS, the County owns and operates the Chautauqua County Jamestown Airport in the Town of Ellicott in a manner that provides services and facilities on a non-exclusive basis for the general use of the public and to enhance current and future economic development in the County; and

WHEREAS, the County has received and accepted a Letter of Intent from Chase Aviation Company, LLC conveying its desire and intention to lease office facilities at the Jamestown Airport for the purpose of engaging in aircraft brokerage and lease management services; and

WHEREAS, the County and Chase Aviation Company, LLC have negotiated the lease of Terminal Building Office No. 46 for the specific purposes of aircraft brokerage, lease management, and authorized aviation activities for FAA-funded and regulated public airports; and

WHEREAS, the Airport Commission has considered and recommends approval of proceeding forward with the lease of office space for the purpose of operating an aircraft leasing and brokerage enterprise; and

WHEREAS, a public hearing pursuant to Article 14 of the General Municipal Law is required prior to approval of a lease of airport facilities; therefore be it

RESOLVED, That pursuant to General Municipal Law, a public hearing on the proposed lease agreement of the Chautauqua County Jamestown Airport terminal building office No. 46 with Chase Aviation Company, LLC, to include substantially the following terms and conditions, shall be held at 6:35 p.m. during the meeting of the Chautauqua County Legislature to occur on September 23, 2020, in the Legislative Chambers, Gerace Office Building, Mayville, New York 14757, or via virtual meeting technology due to the pandemic:

1. Term: Four Two years commencing on October 1, 2020, and terminating on September 30, 2024 2022.

2. Premises: Terminal Building Office No. 46, a 414 gross square foot office located at the Chautauqua County Jamestown Airport, with access to private bathroom, non-exclusive use of the baggage room No. 33, and access to the terminal apron.

3. Payment: Tenant shall pay County a monthly fixed rental fee of Five Hundred Dollars ($500).

4. Other: As negotiated by the County Executive. and be it further

RESOLVED, That the Clerk of the Legislature is authorized and directed to publish notice of this hearing at least ten (10) days prior thereto in the official newspapers of the County of Chautauqua.

Signed: Hemmer, Scudder, Nazzaro, Gould, Davis (Voted “yes” by video conference P.F. Committee Meeting)(P.F. Amended by strike through and new text indicated in bold)

____________________________

Page 12: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

RES. NO. 181-20 Acceptance of Funds from the FAA and NYSDOT for the Runway 15-33 Lighting

Improvements (MIRL/PAPI/REIL/Wind Cones) Project – Design at the Chautauqua County/Dunkirk Airport

By Audit & Control Committee: At the Request of County Executive Paul M. Wendel, Jr. and Legislator Charles Nazzaro:

WHEREAS, Chautauqua County submitted to the Federal Aviation Administration (FAA) a project application and received a grant from the FAA to pay 100% of the allowable costs incurred in accomplishing the following project at the Chautauqua County/Dunkirk Airport: Runway 1533 Lighting Improvements (MIRL/PAPI/REIL/Wind Cones) - Design, FAA AIP Project No. 3-36-0022-057-2020 (herein called the “Project”); and

WHEREAS, the FAA has approved the Project for the Chautauqua County/Dunkirk Airport consisting of a design phase of Runway 1533 lighting systems, which is more fully described in the Project agreement; and

WHEREAS, pursuant to Resolution 19-20, Chautauqua County approved the Project as part of the five-year Airport Capital Improvement Plan (“ACIP”) and approved submission of an application for FAA and NYSDOT grant funds for the Runway 1533 Lighting Improvements (MIRL/PAPI/ERIL/Wind Cones) under ACIP, and funding shares for the Project are as follows:

Federal: $81,771 State: $ 0.00 Local: $ 0.00 Total Project Costs: $81,771

; and WHEREAS, the Airport Commission has considered and recommended that the County

seek this funding as the Project is crucial for the safe and sustained operation of the Chautauqua County/Jamestown Airport; now therefore be it

RESOLVED, That Chautauqua County enter into agreements with the FAA and NYSDOT for financial assistance for the Project at the Chautauqua County/Dunkirk Airport described above; and be it further

RESOLVED, That the County Executive is hereby authorized to execute all necessary documents on behalf of Chautauqua County with the FAA and NYSDOT in connection with this Project; and be it further

RESOLVED, That a certified copy of this resolution be filed with the FAA and New York Commissioner of Transportation by attaching it to any necessary documents in connection with this Project; and be it further

RESOLVED, That the Director of Finance is hereby authorized and directed to make the following changes to the 2020 Adopted Budget:

ESTABLISH AND INCREASE APPROPRIATION ACCOUNT: H.5610. 25196.4 Contractual—Chautauqua County Airport, Runway 15-33

Lighting Improvements-DKK (2020) $81,771

ESTABLISH AND INCREASE REVENUE ACCOUNT: H.5610.25196.R459.2000 Federal Aid – Airport Federal Capital Grants $81,771

Signed: Nazzaro (A.C. Discussed under “other” with no action taken)

____________________________

Page 13: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY LEGISLATURE

08/26/2020

RES. NO. 182-20 Acceptance of Funds from the FAA for Performance of On and Off Airport Obstruction

Removal at the Chautauqua County Jamestown Airport By Audit & Control Committee: At the Request of County Executive Paul M. Wendel, Jr., and Legislators Charles Nazzaro and Mark Odell

WHEREAS, Chautauqua County submitted to the Federal Aviation Administration (FAA) a project application and received a grant from the FAA to pay 100% of the allowable costs incurred in accomplishing the following project at the Chautauqua County/Jamestown Airport: Environmental Assessment for On and Off Airport Obstruction Removal; FAA AIP Project No. 3-36-0048-053-2020 (herein called the “Project”); and

WHEREAS, the FAA has approved the Project for the Chautauqua County/Jamestown Airport consisting of an environmental assessment for on and off airport tree obstruction removal from runways 7/25 and 13/31 approaches, which is more fully described in the Project agreement; and

WHEREAS, pursuant to Resolution 18-20, Chautauqua County approved the Project as part of the five-year Airport Capital Improvement Plan (“ACIP”) and approved submission of an application for FAA and NYSDOT grant funds for the Environmental Assessment of Obstructions under ACIP, and funding shares for the Project are as follows:

Federal: $274,000 State: $ 0.00 Local: $ 0.00 Total Project Costs: $274,000

; and WHEREAS, the Airport Commission has considered and recommended that the County

seek this funding as the Project is crucial for the safe and sustained operation of the Chautauqua County/Jamestown Airport; now therefore be it

RESOLVED, That Chautauqua County enter into agreements with the FAA for financial assistance for the Project at the Chautauqua County/Jamestown Airport described above; and be it further

RESOLVED, That the County Executive is hereby authorized to execute all necessary documents on behalf of Chautauqua County with the FAA and NYSDOT in connection with this Project; and be it further

RESOLVED, That a certified copy of this resolution be filed with the FAA and New York Commissioner of Transportation by attaching it to any necessary documents in connection with this Project; and be it further

RESOLVED, That the Director of Finance is hereby authorized and directed to make the following changes to the 2020 Adopted Budget:

ESTABLISH AND INCREASE APPROPRIATION ACCOUNT: H.5610.25197.4 Contractual—Chautauqua County Airport,

EA Obstruct Removal-JHW (2020) $274,000 ESTABLISH AND INCREASE REVENUE ACCOUNT: H.5610.25197.R459.2000 Federal Aid – Airport Federal Capital Grants

$274,000 Signed: Nazzaro, Odell (A.C. Discussed under “other” with no action taken)

____________________________

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RES. NO. 183-20 Standard Workday and Reporting Resolution

By Administrative Services Committee: At the Request of Chairman Pierre E. Chagnon:

BE IT RESOLVED, That the County of Chautauqua hereby establishes the following standard work days for these titles, as set forth in the attached schedule, and will report the officials to the New York State and Local Retirement System based on time keeping system records or their record of activities:

Title Standard

Work Day

(Hrs/day) Min. 6 hrs

Max. 8 hrs

Name

(First and Last)

Social Security Number

(Last 4 digits)

Registration Number

Tier 1 (Check only if

member is in Tier

1)

Current Term

Begin & End Dates

(mm/dd/yy

- mm/dd/yy)

Record of Activities

Result

Not Submitted

(Check only if official did not submit

their Record of Activities)

ELECTED OFFICIALS

Legislator 6 John Davis XXXX XXXXXXXX 01/01/20 - 12/31/21

3.73

Legislator 6 Daniel Pavlock XXXX XXXXXXXX 01/01/20 - 12/31/21

8.98

Legislator 6 Lisa Vanstrom XXXX XXXXXXXX 01/01/20 - 12/31/21

4.80

APPOINTED OFFICIALS

Deputy County Fire Coordinator

6 Daniel Aldrich XXXX XXXXXXXX 01/01/20 - 12/31/20

1.41

Assistant District Attorney

7 Bridget Anderson XXXX XXXXXXXX 01/10/19 - 12/31/20

26.44

Deputy County Fire Coordinator

6 Scott Bailey XXXX XXXXXXXX 01/01/20 - 12/31/20

1.52

Public Defender

7 Nathaniel Barone XXXX XXXXXXXX 01/01/20 - 12/31/21

34.36

Director Public Facilities

8 Bradley Bentley XXXX XXXXXXXX 01/01/20 - 12/31/20

24.26

Assistant Public Defender

7 Heather Burley XXXX XXXXXXXX 12/23/19 - 12/31/21

27.03

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Title Standard Work Day

(Hrs/day) Min. 6 hrs

Max. 8 hrs

Name

(First and Last)

Social Security Number

(Last 4 digits)

Registration Number

Tier 1 (Check only if

member is in Tier

1)

Current Term

Begin & End Dates

(mm/dd/yy

- mm/dd/yy)

Record of Activities Result*

Not Submitted

(Check only if official did not submit

their Record of Activities)

APPOINTED OFFICIALS

First Assistant Public Defender

7 Philip Cala XXXX XXXXXXXX 01/01/20 - 12/31/21

22.19

Assistant Public Defender

7 James Dimmer XXXX XXXXXXXX 01/01/20 - 12/31/21

20.24

Assistant Public Defender

7 Danielle Erickson XXXX XXXXXXXX 01/01/20 – 12/31/21

23.11

First Assistant District Attorney

7 Marilyn Fiore Lehman

XXXX XXXXXXXX 04/12/19 - 12/31/20

23.44

Deputy County Exec for Econ Dvl

7 Mark Geise XXXX XXXXXXXX 01/01/20 - 12/31/20

30.10

Assistant Public Defender

7 Carlton Hamann XXXX XXXXXXXX 01/01/20 - 12/31/21

22.14

Deputy County Fire Coordinator

6 Daniel Imfeld XXXX XXXXXXXX 01/01/20 - 12/31/20

3.15

Assistant Public Defender

7 Peter Larson XXXX XXXXXXXX 12/18/19 - 12/31/21

23.53

First Assistant Public Defender

7 Robert Lee XXXX XXXXXXXX 01/01/20 - 12/31/21

23.66

Assistant Public Defender

7 Andrew Molitor XXXX XXXXXXXX 03/08/19 - 12/31/21

24.91

Second Assistant Public Defender

7 Rexford Morgan XXXX XXXXXXXX 01/01/20 - 12/31/21

23.48

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Assistant Public Defender

7 Luwing Peche Loayza

XXXX XXXXXXXX 01/27/20 - 12/31/21

26.27

First Assistant Public Defender

7 Joseph Price XXXX XXXXXXXX 01/01/20 - 12/31/21

22.96

First Assistant Public Defender

7 John Rice XXXX XXXXXXXX 01/01/20 - 12/31/21

23.18

Assistant Public Defender

7 Elisabeth Rossow XXXX XXXXXXXX 12/3/19 - 12/31/21

23.37

Coroner 6 Douglas Sanderson XXXX XXXXXXXX 09/03/19 - 11/28/22

4.73

Deputy County Fire Coordinator

6 Richard Westpfahl XXXX XXXXXXXX 01/01/20 - 12/31/20

2.22

Assistant Public Defender

7 James Williams XXXX XXXXXXXX 05/28/19 - 12/31/21

23.84

Assistant Public Defender

7 Kristy Woodfield XXXX XXXXXXXX 01/01/20 - 12/31/21

22.84

Signed: Scudder, Muldowney, Starks, Davis, Vanstrom (Voted “yes” by video conference A.S. committee meeting)

____________________________

RES. NO. 184-20 Amend Chautauqua County Purchasing Policy

By Administrative Services & Audit & Control Committees: At the Request of County Executive Paul M. Wendel, Jr.:

WHEREAS, pursuant to Section 104-b of New York State General Municipal Law (GML), the County Legislature adopted a Purchasing Policy in Resolution 182-92, as amended by Resolutions 268-93, 171-94, 124-09, 142-13, 68-14, 161-15, 230-16 and 189-18; and WHEREAS, individuals who have authority to make purchases on behalf of the County change on a frequent basis; therefore, in order to keep the list of such individuals current, it is preferable to incorporate the list in this Resolution by reference rather than including it in the body of the Resolution; and WHEREAS the County desires to clarify and otherwise update purchasing requirements; now, therefore, be it RESOLVED, That the County Purchasing Policy established by Resolution 182-92, as amended, is hereby further amended to read as follows:

1. Purchasing Procedures. a. State Requirements. Every purchase of goods and/or services shall be

reviewed by the officer or employee that initially approves the requisition to ensure compliance with State competitive bidding / offering requirements and preferred

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source requirements, under the general supervision of the Purchasing Manager. Any procurement that is not subject to competitive bidding shall be accompanied by documentation of the basis for the determination that competitive bidding is not required by law. The Purchasing Manager should be consulted when an acquisition is believed to be a professional service and therefore not subject to State competitive bidding requirements. Contracts involving the receipt by County of revenues are not required to be bid; however, quotes or proposals should be solicited.

b. Alternative Proposals and Quotes. Except as otherwise provided by New York State law, alternative proposals or quotations for goods and services shall be:

i. secured by use of written requests for proposals (RFPs) and written, faxed, or e-mailed quotations received from at least three vendors, for procurements of services expected to exceed $20,000 in value per year;

ii. secured by written, faxed, or e-mailed quotations received from at least three vendors, for procurements of goods and services expected to be between $5,000 and $20,000 per year; and

iii. within the discretion of the Department Head, subject to the advice of the Purchasing Manager, for procurements of goods and services under $5,000 per year.

With respect to the procurements of goods and services between $5,000 and $35,000 (other than professional services) that are not subject to State competitive bidding requirements, the County shall purchase from a responsible and responsive local vendor when: (i) the price quoted by the local vendor does not exceed the lowest price quoted by a non-local vendor by more than ten percent (10%); and (ii) the local vendor is willing to match the lowest, non-local vendor’s quoted price. For purposes of this Purchasing Policy, a “local vendor” shall be deemed to mean (i) in the case of a business entity vendor, a business entity which has a physical location in Chautauqua County and employs at least one full-time employee in Chautauqua County; and (ii) in the case of an individual vendor, an individual whose legal residence is Chautauqua County. Purchases must also be compliant with any funding source requirements. See, for example, the requirements of Title 2: Grants and Agreements, of the Code of Federal Regulations (CFR), Part 200—Uniform Administrative Requirements, Cost Principles, and Audit requirements for Federal Awards (“Uniform Guidance”) §§200.318-200.326. Adequate documentation of actions taken in connection with each such method of procurement shall accompany the purchase order or the Agreement or Agreement of Services request submitted to the Purchasing Manager, and the credit card purchase information submitted to the Department of Finance. Such documentation must include a statement of the reason that three quotes were not able to be secured, when applicable. This Policy requires the receipt of three proposals or quotes; however, when that is not possible, the procuring party may document good faith efforts to comply with this Policy and/or reasons that three responses were not able to be secured.

c. Exceptions. In the event that the procurement is from: a State contract bid; General Services Administration schedule seventy, information technology; General Services Administration’s “1122 Program Equipment and Supplies Catalog” and consolidated schedule contracts;

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involves surplus or second hand supplies, materials or equipment to be acquired from other governmental units; reflects unique or specialized goods or services that are needed by the County; is part of a program to standardize goods or equipment; arises from a bona fide emergency, accident or other unforeseen occurrence or condition that requires prompt action; involves a sole source situation; relates to the purchase of perishable food; is from a State-designated Preferred Source; or involves other situations where the above procedures for the solicitation of alternative proposals or quotations are not practical or will not be in the best interest of the County, a written explanation of why adherence to the procedures set forth in this Policy would not be practical or would not be in the best interest of the County shall accompany the Purchase Order, Agreement or Agreement of Services request submitted to the Purchasing Manager, or the Procurement Card statement submitted to the Department of Finance, which determination shall be subject to review by the Purchasing Manager, Department of Finance, and/or the Law Department.

d. Lowest Responsible Offer. In the event a contract is awarded to other than the lowest responsible dollar offeror, the Purchase Order or Agreement / Agreement of Services request shall be accompanied by written documentation and justification specifying why such award is in the best interest of the County. When a contract is awarded utilizing “best value” procedures pursuant to Section 103 of New York State General Municipal Law, the award shall be based to the extent possible on objective and quantifiable analysis, and best value RFPs shall include a description of the manner in which the evaluation of the offers and award of the contract will be conducted, and as appropriate, identify the relative importance of price and non-price factors.

e. Miscellaneous Provisions.

i. Whenever practical, economical, and permitted by State law, the County shall acquire goods and services from local vendors and select goods and services which provide the least possible negative impact on the environment, including products made from recycled materials. In the event of a tie bid between a local vendor and a non-local vendor, the County may award the contract to the local vendor.

ii. The requirements of this Purchasing Policy apply to procurements in which the County expends funds or receives revenues.

iii. Notwithstanding anything to the contrary in this Purchasing Policy, all County procurements shall be made in conformance with Federal and State requirements, including but not limited to applicable laws and Federal and State grant/funding requirements.

iv. Department heads shall require their employees with purchasing authority to attend training sessions provided by the County

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Purchasing Manager and ensure that new employees receive training prior to purchasing on behalf of that department.

v. An individual or entity that reviews a County Invitation to Bid or Request for Proposals in draft or final form prior to its issue may not (i) submit a response to the solicitation or (ii) serve as an employee, contractor or subcontractor of the individual or entity awarded the contract, for the first five (5) years of the contract period.

vi. From the time of issuance of a County Invitation to Bid or Request for Proposals until final determination of the successful vendor, all prospective vendor questions and communications must be referred to the Purchasing Manager or his/her designee.

2. Credit Card Usage.

Procurement Credit Cards issued by the Finance Department to County departments and departmental staff, hereinafter referred to as credit cards, can be used to make payments for purchases of goods not exceeding $1,000 in value when pre-approved by the Department Head and consistent with the direction provided by the Purchasing Manager. Upon request by the Department Head to the Director of Finance, credit cards will be issued to individual employees, hereinafter referred to as Cardholders. Such cards are not re-assignable for use by other employees.

Credit card limits shall be established by the Finance Department’s credit card administrator. The credit cards have a monthly limit of $5,000, unless the Department Head requests that a Cardholder’s monthly credit limit be increased to accommodate the department’s purchasing requirements. There is a non-adjustable $1,000 limit per transaction. Under no circumstances will a Cardholder authorize a transaction exceeding this $1,000 limit without the advance written approval of the Purchasing Manager. Procurements paid for with credit cards remain subject to all requirements of this Policy. The Cardholder to whom the credit card is assigned shall reimburse the County for costs incurred with respect to any illegal or unauthorized expenditure or improper usage of the credit card, to the extent such costs were within the Cardholder’s control. The credit card is expressly not authorized to be used to pay for the procurement of services unless specifically authorized in writing by the Purchasing Manager. Cardholders must obtain packing slips for all purchases paid for by credit card, reconcile the slips with the Cardholder’s monthly credit statement, and attest by signature on the credit card statement that all goods recorded have been received in good condition and are for the use of conducting County business. Department Heads must sign the monthly credit statements of their Cardholders as an indication that all purchases were authorized by the Department Head. Credit shall be immediately requested from the vendor for any unauthorized purchases or billing errors. In the event the vendor does not cooperate in issuing a credit when due, the Cardholder should contact the Department of Finance and request that a Dispute Form be submitted to the financing agency. The County is not responsible for any unauthorized purchases or purchases made for personal use. Cardholders must perform an initial audit and reconciliation of their monthly statements and must promptly submit their statements, along with the appropriate G/L Account number to

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be charged, so that the bill can be paid prior to the time of imposition of late fees or penalties, and prior to the monthly closing of the County's financial statements. The Purchasing Manager will review the periodic audit reports submitted by the auditors and take appropriate action to enforce the credit card policy. Each Cardholder must have on file with the County Executive’s Office a current Financial Disclosure Form, and must attend all applicable Purchasing Manager training sessions.

3. Violations. Employees are subject to disciplinary action and/or referral to the Chautauqua County Ethics Board, for violation of this Policy. County employees aware of a violation of this Policy shall report such violation to their County supervisor and/or to the County’s Purchasing Manager. 4. Individuals with Purchasing Authority. Pursuant to the requirements of Section 104-b(2)(f) of the General Municipal Law, the individuals identified as having purchasing authority are included on a list to be maintained and continually updated by the County Executive’s office, which list is incorporated herein by reference. Such list shall identify all employees with purchasing authority, which includes individuals who are authorized to:

i. Approve Agreements and Agreements of Services; ii. Use a County Credit Card;

iii. Approve Purchase Orders; or iv. Approve Vouchers or Grids.

; and it is further RESOLVED, That the County Legislature shall annually review these purchasing policies and procedures, with input from the county employees involved in procurement; and it is further RESOLVED, That the unintentional failure to comply with the provisions of this resolution shall not be grounds to void action taken or give rise to a cause of action against the County or any officer or employee thereof. Signed: Scudder, Muldowney, Starks, Davis, Vanstrom, Nazzaro, Gould, Niebel, Odell, Harmon (Voted “yes” by video conference A.S. and A.C. committee meetings)

____________________________

RES. NO. 185-20 Investment Policy for the County of Chautauqua

By Audit & Control Committee: At the Request of County Executive Paul M. Wendel, Jr.:

WHEREAS, pursuant to Local Law 4-04 of the County of Chautauqua, the Chautauqua County Charter was amended to provide that the County Legislature shall annually adopt by resolution an investment policy prior to the County Executive’s preparation of the tentative budget; and

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WHEREAS, New York State General Municipal Law §39 also requires the County to adopt a comprehensive investment policy; and

WHEREAS, the change in name of one of the County’s authorized depositaries needs to be reflected in this update of the County Investment Policy; therefore be it

RESOLVED, That the County Investment Policy is hereby reconfirmed and amended in Section VII and Section X to read as follows: I. SCOPE This investment policy applies to all moneys and other financial resources available for investment on the County's own behalf or on behalf of any other entity or individual. The policy and procedure herein shall be in addition to any other requirements set forth in the Chautauqua County Charter, Chautauqua County Administrative Code and applicable law. II. OBJECTIVES The primary objectives of the County's investment activities are, in priority order,

*to conform with all applicable federal, state and other legal requirements (legality); *to adequately safeguard principal (safety); *to provide sufficient liquidity to meet all operating requirements (liquidity); and *to obtain reasonable rate of return (yield).

III. DELEGATION OF AUTHORITY The County's responsibility for administration of the investment program is delegated to the Director of Finance who shall establish written procedures for the operation of the investment program consistent with these investment guidelines. Such procedures shall include an adequate internal control structure to provide a satisfactory level of accountability, based on a database or records incorporating description and amounts of investments, transaction dates, and other relevant information, and to regulate the activities of subordinate employees. IV. PRUDENCE

All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the County to govern effectively.

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived.

All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. V. DIVERSIFICATION

It is the policy of the County to diversify its deposits and investments by financial institution, by investment instrument, and by maturity schedule. VI. INTERNAL CONTROLS

It is the policy of the County for all moneys collected by any officer or employee of the government to transfer those funds to the Director of Finance within two (2) days of receipt, or within the time period specified in law, whichever is shorter.

The Director of Finance is responsible for establishing and maintaining an internal control structure to provide reasonable, but not absolute, assurance that deposits and investments are safeguarded against loss from unauthorized use or disposition, that transactions are executed

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in accordance with management's authorization and recorded properly, and are managed in compliance with applicable laws and regulations. VII. DESIGNATION OF DEPOSITARIES

The banks and trust companies authorized for the deposit of monies, up to the maximum amount of $40,000,000 for each institution, are: Community Bank Key Bank of New York Lakeshore Savings & Loan

M & T Bank Bank of America Evans Bank, N.A. Citizen’s Bank N.A. JP Morgan Chase, N.A. PayPal Northwest Bank TD Bank Five Star Bank

Bank of Castile BankonBuffalo Cattaraugus County Bank VIII. COLLATERALIZING OF DEPOSITS

In accordance with the provision of General Municipal Law, Section 10, all deposits of the County, including certificates of deposit and special time deposits, in excess of the amount insured under the provisions of the Federal Deposit Insurance Act shall be secured by one or more of the following:

1. By a pledge of "eligible securities" with an aggregate "market value," or provided by general Municipal Law, Section 10, equal to the aggregate amount of deposits from the categories as designated and approved by the New York State Comptroller.

2. By an eligible "irrevocable letter of credit" issued by a qualified bank other than the bank with the deposits in favor of the government for a term not to exceed 90 days with an aggregate value equal to 140% of the aggregate amount of deposits and the agreed upon interest, if any. A qualified bank is one whose commercial paper and other unsecured short-term debt obligations are rated in one of the three highest rating categories by at least one nationally recognized statistical rating organization or by a bank that is in compliance with applicable federal minimum risk-based capital requirements.

3. By an eligible surety bond payable to the government for an amount at least equal to 100% of the aggregate amount of deposits and the agreed upon interest, if any, executed by an insurance company authorized to do business in New York State, whose claims - paying ability is rated in the highest rating category by at least two nationally recognized statistical rating organizations.

IX. SAFEKEEPING AND COLLATERALIZATION Eligible securities used for collateralizing deposits shall be held by the depository bank or

trust company subject to security and custodial agreements. The security agreement shall provide that eligible securities are being pledged to secure the County deposits together with agreed upon interest, if any, and any costs or expenses arising out of the collection of such deposits upon default. It shall also provide the conditions under which the securities may be sold, presented for payment, substituted or released, and the events which will enable the County to exercise its rights against the pledged securities. In the event that the securities are not registered or inscribed in the name of the County, such securities shall be delivered in a form suitable for transfer or with an assignment in blank to the County or its custodial bank.

The custodial agreement shall provide that securities held by the bank or trust company, or agent of and custodian for the County, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement should also describe that the custodian shall confirm the receipt, substitution, or release of the securities.

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The agreement shall provide for the frequency of revaluation of eligible securities and for the substitution of securities when a change in the rating of a security may cause ineligibility.

Such agreement shall include all provisions necessary to provide the County a perfected interest in the securities. X. PERMITTED INVESTMENTS

As authorized by General Municipal Law, Section 11, the County authorizes the Director of Finance to invest moneys not required for immediate expenditure for terms not to exceed its projected cash flow needs in the following types of investments:

*Special time deposit accounts; *Certificates of deposit; *Obligations of the United States of America; *Obligations guaranteed by agencies of the United States of America where the payment

of principal and interest are guaranteed by the United States of America; *Obligations of the State of New York; *Obligations issued pursuant to Local Finance Law Section 24.00 or 25.00 (with

approval of the State Comptroller) by any municipality, school district, or district corporation other than the County;

*Obligations of public authorities, public housing authorities, urban renewal agencies and industrial development agencies where the general State statutes governing such entities or whose specific enabling legislation authorize such investments;

*Certificates of Participation (COPS) issued pursuant to GML, Section 109-b; *Obligations of the County, but only with any moneys in a reserve fund established

pursuant to GML, Section 6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-1, 6-m, or 6-n; *Through a Deposit Placement Program, certificates of deposit in one or more “banking

institutions”, as defined in Banking Law Section 9-r; All investment obligations shall be payable or redeemable at the option of the County

within such time as the proceeds will be needed to meet expenditures for purposes for which the moneys were provided and, in the case of obligations purchased with the proceeds of bonds or notes, shall be payable or redeemable at the option of the County within two years of the date of purchase. XI. AUTHORIZED FINANCIAL INSTITUTIONS AND DEALERS

The County shall maintain a list of financial institutions and dealers approved for investment purposes and establish appropriate limits to the amount of investments which can be made with each financial institution or dealer. All financial institutions with which the County conducts business must be credit worthy. Banks shall provide their most recent Consolidated Report of Condition (Call Report) at the request of the County. Security dealers not affiliated with a bank shall be required to be classified as reporting dealers affiliated with the New York Federal Reserve Bank, as primary dealers. The Director of Finance is responsible for evaluating the financial position and maintaining a listing of proposed depositaries, trading partners and custodians. Such listing shall be evaluated at least annually. The financial institutions and dealers, authorized for investment, up to an aggregate amount of $100 million, are as follows:

Prudential Securities Crew & Associates Merrill Lynch Mischler Financial Group Bank of New York Federal Reserve Bank –Treasury Direct

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Stifel, Nicolaus & Company, Inc. Manufacturer’s & Traders Trust Co. Morgan Stanley Financer Securities McDonald Investments JP Morgan Chase, N.A. Wachovia Securities Greenwich Capital Edward Jones Duncan-Williams Inc. The Baker Group LP

The authorized custodians, up to an aggregate amount of $100 million, are as follows: Bank of New York RIBS Greenwich Capital

Federal Reserve Bank Manufacturer’s & Traders Trust Co. Wachovia Securities Wilmington Trust Edward Jones Morgan Stanley JP Morgan Chase, N.A.

XII. PURCHASE AND SALE OF INVESTMENTS The Director of Finance is authorized to contract for the purchase and sale of

investments: 1. From an authorized trading partner, including through a repurchase agreement, future,

or option contract. 2. By participation in a cooperative investment program with another governmental

entity pursuant to Article 5G of the General Municipal Law where such program meets all the requirements set forth in the Office of the State Comptroller Opinion No. 88-46, and the specific program has been authorized by the County.

3. By utilizing an ongoing investment program with an authorized tracking partner pursuant to a contract authorized by the County.

All purchased obligations, unless registered or inscribed in the name of the County, shall be purchased through, delivered to and held in the custody of a bank or trust company. Such obligations shall be purchased, sold, or presented for redemption or payment by such bank or trust company only in accordance with prior written authorization from the officer authorized to make the investment. All such transactions shall be confirmed in writing to the County by the bank or trust company. Any obligation held in the custody of a bank or trust company shall be held pursuant to a written custodial agreement as described in General Municipal Law, Section 10.

The custodial agreement shall provide that securities held by the bank or trust company, as agent of and custodian for the County, will be kept separate and apart from the general assets of the custodial bank or trust company and will not, in any circumstances, be commingled with or become part of the backing for any other deposit or other liabilities. The agreement shall describe how the custodian shall confirm the receipt and release of the securities. Such agreement shall include all provisions necessary to provide the County a perfected interest in the securities.

The Director of Finance shall notify the County Attorney and obtain approval as to the legality of an investment prior to making purchases of any new type of investment not currently in the County’s portfolio. With regard to obligations issued by any municipality, school district, or district corporation other than the County, or obligations of public authorities, public housing authorities, urban renewal agencies and industrial development agencies, the Director of Finance shall also receive the approval of the County Attorney as to the legality of the investment prior to making purchases of such investments.

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XIII. REPURCHASE AGREEMENTS Repurchase agreements are authorized subject to the following restrictions: * All repurchase agreements must be entered into subject to a Master Repurchase

Agreement. Trading partners are limited to banks or trust companies authorized to do business in New York State and primary reporting dealers.

* Obligations shall be limited to obligations of the United States of America, and obligations guaranteed by agencies of the United States of America, where principal and interest are guaranteed by the United States of America.

* No substitution of securities will be allowed. * The custodian shall be a part other than the trading partner.

XIV. OVERSIGHT OF INVESTMENT PROGRAM The Director of Finance shall provide written monthly investment reports to all County

Legislators and the County Attorney which shall be accompanied by the actual monthly investment statements showing the County’s current holdings, all transactions during the statement period, and realized and unrealized gains and losses. On not less than a quarterly basis, the Audit & Control Committee of the County Legislature shall discuss the status of the investment program at its regular committee meetings, including the four (4) objectives set forth in the County’s Investment Policy. The Audit & Control Committee shall also on not less than an annual basis undertake a review with a financial advisor of the County’s current investment holdings. Signed: Nazzaro, Gould, Niebel, Odell, Harmon (Voted “yes” by video conference A.C. Committee Meeting)

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RES. NO. 186-20 Quit Claim Deeds

By Administrative Services and Audit & Control Committees: At the Request of County Executive Paul M Wendel Jr.: WHEREAS, the Administrative Services Committee of the County Legislature has received and hereby recommends acceptance, pursuant to Section 1166 of the Real Property Tax Law, the following offers for the County's Tax Liens as detailed on the attached Schedule 1 under tax sale certificates noted on original papers on file in the office of the Director of Finance; and WHEREAS, that unless otherwise noted, the County Tax Enforcement Officer has confirmed that the offers received are in compliance with the County's policy regarding tax foreclosure as set forth in Resolution No. 110-17; now therefore be it

RESOLVED, That the Executive and Chairman of this Legislature be hereby authorized to execute Quitclaim Deeds conveying to the offers herein mentioned, the interest of Chautauqua County in said properties under said tax sale certificates; and be it further RESOLVED, That the Director of Finance of Chautauqua County be hereby authorized to cancel any outstanding taxes, fees, interest and other charges. In adopting this resolution, the Legislature intends to adopt each transaction separately, in the usual form of Resolution, and the failure of any particular transaction to be completed shall in no manner affect the validity of any of the others.

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Signed: Scudder, Muldowney, Starks, Davis, Vanstrom, Nazzaro, Gould, Niebel, Odell, Harmon (Voted “yes” by video conference committee meetings)

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O ffer Number Municipality S/B/L Purchaser Foreclosed O wner O ffer Amount Taxes O wing

PA-155-2017 Busti 062289-385.05-5-50 Robert RobbinsLee Robert & Sharon Fischer $2,000.00 $12,315.03

PA-290-2018 Pomfret 065889-129.00-3-43Eric & Tamra Johnson

Michael & Debra Brooks $500.00 $22,716.64

Total $2,500.00 $35,031.67

Page 27: CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 Meeting by … · 2020. 8. 24. · CHAUTAUQUA COUNTY LEGISLATURE 08/26/2020 . RESOLVED, The Director of Finance is hereby authorized and directed

CHAUTAUQUA COUNTY MOTION NO. ___-20

TITLE: Celebrating the 100th Anniversary of the Passage and Ratification of the 19th Amendment to the U. S. Constitution in Chautauqua County AT THE REQUEST OF: Legislators Starks, Vanstrom and Rankin:

WHEREAS, Congress passed the 19th Amendment to the Constitution of the United States on August 18, 1920 to declare, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex”; and

WHEREAS, this amendment, which granted women the right to vote, was the culmination of a

decades-long struggle by women’s rights advocates across the United States and worldwide; and WHEREAS, women faced many obstacles in their struggle for the vote, including the prevailing

opinion that women belonged in the domestic sphere and not in the public sphere; and WHEREAS, the women’s suffrage movement has its origins in New York State at the Seneca

Falls Convention of 1848, the first women’s rights convention ever held in the United States; and WHEREAS, in the following decades, women marched, protested, lobbied, and even went to jail

in the fight for equal treatment under the law; and WHEREAS, New York women were on the front lines in the fight for suffrage, including Susan

B. Anthony, Alva Vanderbilt Belmont, and Carrie Chapman Catt; and WHEREAS, the ratification of the 19th Amendment represented a major victory and a turning

point in the women’s rights movement, ensuring that women could more fully participate in our democracy and fundamentally changing the role of women in the civic life of our nation; and

WHEREAS, this amendment changed the face of the American electorate forever and opened the

door to women serving in local government; and WHEREAS, August 26, 2020 marks the centennial of the 19th Amendment becoming part of the

United States Constitution, and this historical milestone is to be lauded and celebrated; now therefore be it

KNOWN, That the Chautauqua County Legislature celebrates the 100th Anniversary of the passage and ratification of the 19th Amendment to the Constitution of the United States; and be if further

KNOWN, That the Chautauqua County Legislature honors the role of the ratification of the 19th

Amendment in further promoting the core values of our democracy as promised by the Constitution of the United States; and be it further

KNOWN, That the Chautauqua County Legislature reaffirms the desire of counties to continue

strengthening democratic participation and to inspire future generations to cherish and preserve this historic precedent.